Eubanks v. First Protection Life Insurance

PARKER, Judge.

In its answer defendant captioned its allegations of false representations a “counterclaim.” The Company now contends that plaintiff’s failure to file a reply to that “counterclaim” operated as an admission of those allegations, entitling it to summary judgment or a directed verdict. The propriety of the trial court’s denial of the motion for summary judgment is not proper ly before the court on this appeal. A motion for summary judgment is a pretrial motion which does not determine the merits. The effect of denial is merely to allow the case to go to trial. Oil Co. v. Smith, 34…